Can Statutory Holidays Be Cancelled At Will?

Xu is a worker of a food processing company in Xi'an. The monthly salary is 2000 yuan, and he works 12 hours a day.

Because holidays are the peak season for food sales, during the Spring Festival of 2015, the company did not give him a holiday. Instead, he promised to give Xu yuan a daily subsidy of 50 yuan. Xu wanted to know whether the company's practice was in line with the state regulations.

In May 1, 1995, the regulations on the working hours of workers were made clear that the workers worked 8 hours a day and worked 40 hours a week.

The food company makes Xu work 12 hours a day, which is obviously against the national policy.

According to the regulations of the State Council on 2007, the national holidays and holidays, the statutory holidays are three days (New Year's Eve, the first and the second day of the first month).

According to the labor law and relevant national policies, employers should arrange workers in accordance with the law in the following festivals.

(1) new year's Day 1 days; (two) Spring Festival 3 days; (three) Qingming Festival 1 days; (4) International Labor Day 1 days; (five) Dragon Boat Festival 1 days; (six) Mid Autumn Festival 1 days; (1) National Day.

In general,

Except for the following circumstances, no statutory holidays for employees should be arranged.

1.: the occurrence of natural disasters, accidents or other reasons, so that people's safety and health and national assets are seriously threatened, need urgent treatment; 2. production equipment, pportation lines, public facilities failure, affect production and public interests, must rush repair; 3., we must make use of statutory holidays or public holidays during the shutdown period for equipment maintenance and repair; 4., to complete the urgent task of national defense, or to complete other urgent production tasks assigned by the superiors outside the national plan, and commercial, supply and marketing enterprises to complete the urgent task of purchasing, pporting and processing agricultural and sideline products in the busy season.

Even under these circumstances, employees must be arranged to make up for rest during the statutory holidays. According to the provisions of the labor law, 300% of the wages paid to workers should be paid.

According to Xu's description, Xu's company seriously violated the right of workers to rest on statutory holidays. The company's allowance for holiday holidays was significantly lower than that of the statutory wage. Therefore, Xu should actively advocate a compensation for the rest or 300% of wages.